A recent verdict against Badger Guns made national headlines when the jury awarded two injured Milwaukee police officers nearly $6 million for lost wages, health care costs, pain and suffering, and punitive damages. Strangely enough, gun control advocates aren’t the only people cheering the ruling: Some gun supporters say this is a hidden victory for them too.

Although gun dealers are often not held liable when the guns they sell are used in crimes, the circumstances of this case were so egregious that they made it possible. In this particular instance, the plaintiffs were able to show that Badger Guns broke several federal laws, and in doing so, negligently sold a straw buyer a gun that was used to shoot the officers.

Unlike many other suits brought against gun sellers for straw buyer purchases (which are purchases involving a person who can legally buy a firearm purchasing one for someone who cannot), there were several factors that made this case unique. The most important factor was the obviousness of the straw purchase. Store surveillance video from Badger Guns showed the straw buyer, Jacob Collins, and the shooter, Julius Burton, enter the store together and collude to make the purchase. In fact, Collins even incorrectly filled out the purchase paperwork, initially revealing that he was not the purchaser of the weapon. These red flags should have stopped Badger Guns from completing the purchase, but they did not.

Without this flagrant proof of a straw buyer scenario, it is unlikely that the jury would have awarded the damages that they did. The award may, however, encourage other plaintiffs to come forward, which is one of several reasons gun control advocates see this verdict as a victory.

Those eager to stop gun violence aren’t the only ones watching the case with interest, however. Some advocates for the right to bear arms say that this negligent gun sale case proves that there are already enough laws to hold negligent gun sellers accountable, and further legislation is not needed. For them, the Badger Guns case shows that the system works, as is.

Litigation for the case is likely far from over, as Badger Guns is expected to file an appeal. In the meantime, Julius Burton is serving an 80-year sentence for the shooting.

Domnitz & Domnitz, S.C. are experienced Milwaukee personal injury lawyers eager to represent those who have suffered substantial harm due to the negligence of another. If you believe that you have suffered harm or illness through no fault of your own, we may be able to help. Call us today for a free consultation.